Terms of Service
This agreement is in effect as of August 1, 2018.
WE RESERVE THE RIGHT TO CHANGE THIS USER AGREEMENT FROM TIME TO TIME WITHOUT NOTICE. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO REVIEW THIS USER AGREEMENT PERIODICALLY TO FAMILIARIZE YOURSELF WITH ANY MODIFICATIONS. YOUR CONTINUED USE OF THE WEBSITE AND/OR THE SOFTWARE AFTER SUCH MODIFICATIONS WILL CONSTITUTE ACKNOWLEDGMENT AND AGREEMENT OF THE MODIFIED TERMS AND CONDITIONS.
The Thing! service (hereinafter the “Service”) allows users (hereinafter the “User” or “You”) to make voice and video calls from their smartphones, tablets and desktops allowing communication with landline or mobile numbers.
The Service, accessible by downloading the “Thing” mobile application from mobile commercial sites specified on the Portal, is open to any adult physical person who has subscribed with a mobile telephony operator and who wishes to use the Service for their own needs and in the context of a strictly person and non-commercial use.
DESCRIPTION OF THE SERVICE
Depending on the countries where the Service is available, all or part of the functionality mentioned above may or may not be provided. The User is invited to refer to the Portal or other marketing supports in order to know exactly the extent of the functionalities offered for each country.
The User is informed and accepts that the list of countries allowing a VOIP Out call to be made is liable to be modified and to evolve. Thing! will attempt to inform the Users within a sufficient period of the future non-availability of the VOIP OUT service for a given country.
By visiting the Thing! Website or using the Thing! app, and by accessing the information, resources, functions, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by the terms of this User Agreement, applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
In order to access our Resources, you may be required to provide certain information about yourself (such as phone number, email address, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct and up to date.
You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you as explained above, and may incur criminal or civil liability.
We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. And, you should be aware that the Thing! Software itself is also a social communication tool with capabilities to post, deliver, exchange, and receive content. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools on the Website and the Software. Therefore, if you choose to use these tools to submit any type of content to our website or the Software, it is your personal responsibility to use the tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools or the Software as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that :
Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language.
Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party.
Contains any type of unauthorized or unsolicited advertising.
Impersonates any person or entity, including any Thing!, kft. employees or representatives.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
The Software does not and is not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any type of emergency services of any kind and Thing! is not liable in any manner for such calls.
Some carriers may prohibit or restrict the use of Voice over Internet Protocol (VoIP) functionality over their network, and may also impose additional fees, or other charges in connection with VoIP. You agree to learn and abide by your carrier’s network restrictions. Thing! will not be held liable for any charges, fees or liability imposed by your carrier for use of VoIP over 2G/3G/4G.
You agree that the software enables advertisements from 3rdparty suppliers and Thing! Is not liable to the content of these ads.
You agree to indemnify and hold harmless Thing telecom kft. and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Fees and Rates
Calls and texts made to other Thing! users within Thing! Network may be free. Calls and texts made outside of the Thing! Network in some countries or destinations may require payment.
Thing! Will publish the list of free destinations and the ones which require surcharges.
Voice calls are charged in increments of one minute, and are rounded up to the next minute.
Connection Fee: A connection fee is charged for any connected call regardless of the duration of the call.
Thing! reserves the right to charge for its Resources at its sole discretion. Thing! reserves the right to change pricing and modify or discontinue any of its Resources at any time and without notice. By using its Resources, you are accepting the rates charged at the time of use.
Thing! is not responsible for any voice, messaging, data, Internet charges assessed by carriers or Internet service providers and incurred when accessing Thing! Resources. Such charges are the sole responsibility of the user.
Technical prerequisites and data consumption:
The creation of the Account is only possible through the means of the Application installed on a Terminal.
The use of the Service can only be realized from the Application.
The User should have an active mobile number with a Mobile Operator or A desktop device to use the Service and should have internet access.
As use of the Service requires computing equipment and specific software as well as access to the Internet and mobile network, the User’s ability to access the Service can be affected by the performance of any of these elements.
The minimum configuration recommended by Thing! to use the Service is specified on the Portal and other chains of distribution of the Application. The User recognizes and accepts that these technical needs, which can be periodically modified, are their responsibility alone. However, no purchase or acquisition of any other product whatever (including the purchase of Minutes) can be interpreted as procuring or guaranteeing to the User access to the Service.
The use of the Service implies the transmission of data from and to the User’s Terminal, operations liable to be charged for the use of data flows. It is then strongly recommended that the User consult prior to use of the Service the price schedule of their Mobile Operator so as to ensure that any data consumption through use of the Service is not incompatible with a reasonable use of their Terminal. Thing! cannot be held liable for excessive data consumption with respect to the terms of access to the Internet network as they have been stipulated between the User and their Mobile Operator. Thing! recommends that the User opts for a mobile offer with sufficient capacity and invites the User to approach their Mobile Operator to choose a suitable pricing schedule where this is appropriate.
Opening an Account and activation of the Service
To access and fully use the Service, the User should register, starting from the Application, by indicating on a registration form the information necessary to the creation of his Account.
The User pledges that the information communicated during their registration is reliable and in accordance with reality and is permanently updated. In the event that the User should provide false, inaccurate or incomplete information, Thing!, from when it becomes aware of this, has the right to suppress the Account and terminate these ToU immediately.
The User should moreover be aware of and accept these ToU so as to validate their registration.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Thing Telecom kft, will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
WE EXPRESSLY DISCLAIM ALL WARRANTIES EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF OUR RESOURCES SHALL BE AT YOUR OWN RISK. WE SHALL NOT UNDER ANY CIRCUMSTANCES BE RESPONSIBLE FOR ANY LOSS OR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY ARISING FROM YOUR USE, REGISTRATION TO USE, OR INABILITY TO USE, OUR RESOURCES, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
All content and materials available on the Website and the Software, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Thing! telecom kft , and are protected by applicable copyright and trademark laws. Any inappropriate uses, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Thing telecom kft.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of the Website, the Software and the Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
The Website and the Software are controlled by Thing telecom kft. from its offices located in Budapest Hungary. The Website and the Software can be accessed by most countries around the world. As each country has laws that may differ from those of Hungary, by accessing our website and the Software, you agree that the statutes and laws of Hungary, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the Local courts located in Hungary. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at: firstname.lastname@example.org